81 FR 2106 - Amendment of the Commission's Rules To Facilitate the Use of Vehicular Repeater Units
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 10 (January 15, 2016)
Federal Register Volume 81, Issue 10 (January 15, 2016)
| Page Range | 2106-2110 | |
| FR Document | 2016-00220 |
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)] [Rules and Regulations] [Pages 2106-2110] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00220] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [PS Docket No. 13-229, FCC 15-103] Amendment of the Commission's Rules To Facilitate the Use of Vehicular Repeater Units AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document implements certain changes to the rules governing six remote control and telemetry channels in the VHF band. We will allow the licensing and operation of vehicular repeater systems (VRS) and other mobile repeaters on these channels. In addition, we revise and update the technical rules for these channels to allow greater use of VRS systems while providing protection for incumbent telemetry users who rely on these frequencies for control of critical infrastructure systems. DATES: Effective March 15, 2016, except for the addition of Sec. 90.175(b)(4), containing new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995, which will become effective after such approval, on the effective date specified in a notice that the Commission publishes in the Federal Register announcing such approval and effective date. FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-1428. For additional information concerning the information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele, Office of Managing Director, Performance Evaluation and Records Management, 202-418-2991, or by email to [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report and Order in PS Docket No. 13-229, FCC 15-103, released on August 10, 2015 and Clarification Order in PS Docket No. 13-229, FCC 15-165, released on December 11, 2015. These documents are available for download at http://fjallfoss.fcc.gov/edocs_public/. The complete text of these documents are also available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). In 2013, the Commission's Notice of Proposed Rulemaking (NPRM) sought comment on whether to make additional spectrum available to support mobile repeater capability. The Commission declined to seek comment on VRS operations on nine channels in the 170-172 MHz band, but proposed to allow mobile repeater use on six telemetry channels in the 173 MHz band. In addition, the Commission sought comment on whether other spectrum bands or frequencies could also be used for public safety mobile repeater operations; whether to allow Industrial/Business use of mobile repeater stations on these channels; whether to impose bandwidth restrictions on these frequencies; whether frequency coordination could protect telemetry users from interference; whether to allow wide-area mobile repeater operations on these frequencies; and whether to allow VRS units to exceed the 2 watt power limit that applies to these channels. In the Report and Order the Commission decides to allow all users of these channels--including telemetry licensees--to operate using 11.25 kHz bandwidth. In addition, we will make these six telemetry channels co-primary with adjacent channel land mobile operations and remove the restrictions on omni-directional antennas, fixed station power limits and antenna heights for telemetry stations. The Commission also decides that the only way to accommodate both telemetry and VRS on these frequencies is through frequency coordination to both ensure geographic separation as well as minimizing the risk of commingling voice and data operations. However, since no party provided the Commission with a specific coordination protocol, it directs the coordinator community to develop a consensus protocol for VRS coordination. The Commission also decides to only allow area-wide or state-wide authorizations on a secondary basis. The Commission imposes loading requirements for licensees seeking to license mobile repeaters on these frequencies. The Commission allows VRS to operate with 5 watts ERP but declines to increase the 2-watt power limit for telemetry and remote control use. As a result of our decision to allow the licensing of VRS units on these frequencies, we dismiss as moot several requests for waiver filed during the pendency of this rulemaking. On December 11, 2015, the Commission released a Clarification Order to ensure that the Commission's rules aligned with the text of the August Report and Order. Procedural Matters A. Final Regulatory Flexibility Analysis The Final Regulatory Flexibility Analysis required by section 604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in Appendix B of the Report and Order. B. Paperwork Reduction Act of 1995 Analysis This document contains new information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104- 13. It will be submitted to the Office of Management and Budget (OMB) for review under 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the new information collection requirements contained in this proceeding. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees. The actions taken in the Report and Order in PS Docket No. 13-229 have been analyzed with respect to the Paperwork Reduction Act of 1995, Pub. [[Page 2107]] L. 104-13, and found to impose new or modified recordkeeping requirements or burdens on the public. C. Congressional Review Act The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated into the NPRM of this proceeding. The Commission sought written public comment on the IRFA. The RFA requires that an agency prepare a regulatory flexibility analysis for notice-and-comment rulemaking proceedings, unless the agency certifies that ``the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.'' The RFA generally defines ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A ``small business concern'' is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). The present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. A. Need for, and Objectives of, the Proposed Rules In the Report and Order, we amend the Commission's rules we amend the Commission's Rules to allow the licensing and operation of vehicular repeater systems (VRS) and other mobile repeaters on six remote control and telemetry channels in the VHF band. The rule changes adopted are intended to promote flexible and efficient use of these channels. In order to achieve these objectives, we:Allow the use of mobile repeaters on the following six telemetry channels: 173.2375, 173.2625, 173.2875, 173.3125, 173.3375, and 173.3625 MHz. Allow the use of bandwidths up to 11.25 kHz on these channels. Require frequency coordination for applications seeking primary status on these frequencies. Limit applicants to a license a maximum of three channels on a primary basis B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA There were no comments filed that specifically addressed the rules and policies proposed in the IRFA. C. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. Public Safety Radio Licensees. As a general matter, Public Safety Radio Licensees include police, fire, local government, forestry conservation, highway maintenance, and emergency medical services. For the purpose of determining whether a Public Safety Radio Licensee is a small business as defined by the SBA, we use the broad census category, Wireless Telecommunications Carriers (except Satellite). This definition provides that a small entity is any such entity employing no more than 1,500 persons. For this category, census data for 2007 show that there were 11,163 establishments that operated for the entire year. Of this total, 10,791 establishments had employment of 999 or fewer employees and 372 had employment of 1000 employees or more. The Commission does not require Public Safety Radio Licensees to disclose information about number of employees, so the Commission does not have information that could be used to determine how many Public Safety Radio licensees constitute small entities under this definition. Nonetheless, the Commission estimates that the majority of Public Safety Radio Licensees are small entities. Private Land Mobile Radio Licensees. The Private land mobile radio (PLMR) systems serve an essential role in a vast range of industrial, business, land transportation, and public safety activities. These radios are used by companies of all sizes operating in all U.S. business categories. Because of the vast array of PLMR users, the Commission has not developed a small business size standard specifically applicable to PLMR users. The SBA rules, however, contain a definition for Wireless Telecommunications Carriers (except Satellite) which encompasses business entities engaged in radiotelephone communications employing no more than 1,500 persons. According to the Commission's records, there are a total of 3,374 licenses in the frequencies range 173.225 MHz to 173.375 MHz, which is the range affected by this NPRM. Despite the lack of specific information, however, the Commission believes that a substantial number of PLMR licensees may be small entities. Frequency Coordinators. Neither the Commission nor the SBA has developed a small business size standard specifically applicable to spectrum frequency coordinators. There are nine frequency coordinators certified by the Commission to coordinate frequencies allocated for public safety use. The Commission has not developed a small business size standard specifically applicable to frequency coordinators. The SBA rules, however, contain a definition for Wireless Telecommunications Carriers (except Satellite) which encompasses business entities engaged in radiotelephone communications employing no more than 1,500 persons. Under this category and size standard, we estimate that a majority of frequency coordinators can be considered small. D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements This Report and Order adopts a rule that will entail reporting, recordkeeping, and/or third-party consultation. Specifically, the Report and Order requires applicants for mobile repeater authorizations receive frequency coordination prior to filing a license application with the Commission. While the preparation of an application does not require the hiring of professionals, frequency coordinators do charge a fee for their services. Therefore, licensees will incur a one-time burden each time an application is filed with the Commission. The estimated burden and cost levels are described in more detail in the supporting statement for OMB 3060-1198, ICR Ref. No. 201404-30. E. Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered The RFA requires an agency to describe any significant alternatives that it has considered in reaching its [[Page 2108]] approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities. The Report and Order adopts changes to the rules covering operation on six telemetry channels in the 173 MHz band. In formulating rule changes in the Report and Order, we strived to promote efficient use of spectrum. The Report and Order requires applicants obtain frequency coordination prior to filing a license application with the Commission. Given the Commission's previous reliance on frequency coordination as a mechanism to minimize the occurrence of harmful interference, we did not consider other alternatives to frequency coordination. In addition, we note that there are no methods by which to reduce the burden of frequency coordination on smaller entities. The Report and Order concludes that the benefits of frequency coordination outweigh any potential economic burden associated with frequency coordination. F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules None. G. Report to Congress The Commission will send a copy of the Report and Order, including the FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996. In addition, the Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. Ordering Clauses Accordingly, it is ordered that, pursuant to sections 1, 4(i), 303, 316, 332 and 337 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303, 316, 332 and 337, the Report and Order is hereby adopted. It is further ordered that the amendments of the Commission's rules as set forth in Appendix B of the Report and Order are adopted, effective February 16, 2016, except for those rules and requirements in Section 90.175 containing new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995, which will become effective after such approval, on the effective date specified in a notice that the Commission publishes in the Federal Register announcing such approval and effective date. It is further ordered that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section 1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request for Waiver filed by the Washington Metropolitan Area Transit Authority on June 18, 2013, is dismissed as moot. It is further ordered that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section 1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Modification Application and associated Request for Waiver filed by Trinity County, California on January 31, 2014 are dismissed. It is further ordered that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section 1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Application and associated Request for Waiver filed by Williams County Sheriff's Department on December 26, 2013, are dismissed. It is further ordered that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Section 1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Application and associated Request for Waiver filed by Panhandle Regional Planning Commission on August 5, 2013, are dismissed. It is further ordered that the Commission shall send a copy of the Report and Order in a report to be sent to Congress and the General Accounting Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 90 Radio. Federal Communications Commission. Sheryl Todd, Deputy Secretary. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 90 as follows: PART 90--PRIVATE LAND MOBILE RADIO SERVICES 0 1. The authority citation for part 90 continues to read as follows: Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156. 0 2. Amend Sec. 90.20: 0 a. In the table in paragraph (c)(3) by revising the entries for 173.2375, 173.2625, 173, 2875, 173.3125, 173.3375, and 173.3625; and 0 b. By adding paragraphs (d)(90) through (93). The revisions and additions read as follows: Sec. 90.20 Public Safety Pool. * * * * * (c) * * * (3) * * * Public Safety Pool Frequency Table ---------------------------------------------------------------------------------------------------------------- Frequency or band Class of station(s) Limitations Coordinator ---------------------------------------------------------------------------------------------------------------- * * * * * * * Megahertz * * * * * * * 173.2375............................. ......do............... 90, 91, 92, 93......... PX. 173.2625............................. ......do............... 90, 91, 92, 93......... PX. 173.2875............................. ......do............... 90, 91, 92, 93......... PX. 173.3125............................. ......do............... 90, 91, 92, 93......... PX. 173.3375............................. ......do............... 90, 91, 92, 93......... PX. 173.3625............................. ......do............... 90, 91, 92, 93......... PX. [[Page 2109]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- (d) * * * (90) The maximum effective radiated power (ERP) may not exceed 2 watts for mobile stations, and 5 watts for mobile repeater stations and hand-carried transmitters that communicate directly with mobile repeater stations. (91) This frequency is available on a shared basis both for remote control and telemetry operations and for mobile repeater operations. The authorized bandwidth may not exceed 11.25 kHz. (92) This frequency is available on a shared basis with the Industrial/Business Pool for remote control and telemetry operations. Licensees seeking primary status for the use of this frequency for mobile repeater stations and hand-carried transmitters that communicate directly with mobile repeater stations must describe the area of normal day-to-day operations either in terms of operation in a specific county or in the terms of maximum distance from a geographic center (latitude and longitude) and shall be subject to the frequency coordination requirements of Sec. 90.175. (93) Mobile repeaters operating on this frequency are subject to a channel loading requirement of 50 transmitter-receivers. Loading standards will be applied in terms of the number of units actually in use or to be placed in use within 8 months following authorization. A licensee will be required to show that an assigned frequency is at full capacity before it may be assigned a second or additional frequency. Channel capacity may be reached either by the requirements of a single licensee or by several users sharing a channel. Until a channel is loaded to capacity it will be available for assignment to other users in the same area. * * * * * 0 3. Amend Sec. 90.35: 0 a. In the table in paragraph (b)(3) by revising the entries for 173.2375, 173.2625, 173.2875, 173.3125, 173.3375, and 173.3625; and 0 b. By adding paragraphs (c)(92) through (95). The revisions and additions read as follows: Sec. 90.35 Industrial/Business Pool. * * * * * (b) * * * (3) * * * Industrial Business Pool Frequency Table ---------------------------------------------------------------------------------------------------------------- Frequency or band Class of station(s) Limitations Coordinator ---------------------------------------------------------------------------------------------------------------- * * * * * * * Megahertz * * * * * * * 173.2375............................. Fixed or mobile........ 92, 93, 94, 95......... * * * * * * * 173.2625............................. Fixed or mobile........ 92, 93, 94, 95......... * * * * * * * 173.2875............................. Fixed or mobile........ 92, 93, 94, 95......... * * * * * * * 173.3125............................. Fixed or mobile........ 92, 93, 94, 95......... * * * * * * * 173.3375............................. Fixed or mobile........ 92, 93, 94, 95......... * * * * * * * 173.3625............................. Fixed or mobile........ 92, 93, 94, 95......... * * * * * * * ---------------------------------------------------------------------------------------------------------------- (c) * * * (92) This frequency is available on a shared basis both for remote control and telemetry operations and for mobile repeater operations. The authorized bandwidth may not exceed 11.25 kHz. (93) This frequency is available on a shared basis with the Public Safety Pool for remote control and telemetry operations. In cases where Sec. 90.35(c)(95) applies to this frequency, licensees seeking primary status for the use of this frequency for mobile repeater stations and hand-carried transmitters that communicate directly with mobile repeater stations must describe the area of normal day-to-day operations either in terms of operation in a specific county or in the terms of maximum distance from a geographic center (latitude and longitude) and shall be subject to the frequency coordination requirements of Sec. 90.175. (94) Mobile repeaters operating on this frequency are subject to a channel loading requirement of 50 transmitter-receivers. Loading standards will be applied in terms of the number of units actually in use or to be placed in use within 8 months following authorization. A licensee will be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency. Channel capacity may be reached either by the requirements of a single licensee or by several users sharing a channel. Until a channel is loaded to capacity it will be [[Page 2110]] available for assignment to other users in the same area. (95) The maximum effective radiated power (ERP) may not exceed 2 watts for mobile stations, and 5 watts for mobile repeater stations and hand-carried transmitters that communicate directly with mobile repeater stations. * * * * * 0 4. Section 90.175 is amended by adding paragraph (b)(4) to read as follows: Sec. 90.175 Frequency coordinator requirements. * * * * * (b) * * * (4) For any application for mobile repeater station operations on frequencies denoted by both Sec. 90.20(d)(90) and (92), or by both Sec. 90.35(c)(93) and (95) the frequency coordinator responsible for the application must determine and disclose to the applicant the call signs and the service areas of all active co-channel incumbent remote control and telemetry stations inside the applicant's proposed area of operation by adding a special condition to the application, except when the applicant has obtained written concurrence from an affected incumbent licensee, or when the applicant and the incumbent licensee are the same entity. * * * * * [FR Doc. 2016-00220 Filed 1-14-16; 8:45 am] BILLING CODE 6712-01-P
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program funded under this part through Licensing Division, Public Safety and station power limits and antenna
any electronic fund transaction in an Homeland Security Bureau, (202) 418– heights for telemetry stations. The
automated teller machine or point-of- 1428. For additional information Commission also decides that the only
sale device located in a place described concerning the information collection way to accommodate both telemetry and
in section 408(a)(12) of the Act, requirements contained in this VRS on these frequencies is through
including a plan to ensure that document, send an email to PRA@ frequency coordination to both ensure
recipients of the assistance have fcc.gov or contact Nicole Ongele, Office geographic separation as well as
adequate access to their cash assistance; of Managing Director, Performance minimizing the risk of commingling
and Evaluation and Records Management, voice and data operations. However,
(ii) Ensure that recipients of 202–418–2991, or by email to since no party provided the Commission
assistance provided under the State Nicole.Ongele@fcc.gov. with a specific coordination protocol, it
program funded under this part have SUPPLEMENTARY INFORMATION: This is a directs the coordinator community to
access to using or withdrawing summary of the Commission’s Report develop a consensus protocol for VRS
assistance with minimal fees or charges, and Order in PS Docket No. 13–229, coordination. The Commission also
including an opportunity to access FCC 15–103, released on August 10, decides to only allow area-wide or state-
assistance with no fee or charges, and 2015 and Clarification Order in PS wide authorizations on a secondary
are provided information on applicable Docket No. 13–229, FCC 15–165, basis. The Commission imposes loading
fees and surcharges that apply to released on December 11, 2015. These requirements for licensees seeking to
electronic fund transactions involving documents are available for download at license mobile repeaters on these
the assistance, and that such http://fjallfoss.fcc.gov/edocs_public/. frequencies. The Commission allows
information is made publicly available. The complete text of these documents VRS to operate with 5 watts ERP but
* * * * * are also available for inspection and declines to increase the 2-watt power
[FR Doc. 2016–00608 Filed 1–13–16; 8:45 am] copying during normal business hours limit for telemetry and remote control
BILLING CODE P in the FCC Reference Information use. As a result of our decision to allow
Center, Portals II, 445 12th Street SW., the licensing of VRS units on these
Room CY–A257, Washington, DC 20554. frequencies, we dismiss as moot several
FEDERAL COMMUNICATIONS To request materials in accessible requests for waiver filed during the
COMMISSION formats for people with disabilities pendency of this rulemaking. On
(Braille, large print, electronic files, December 11, 2015, the Commission
47 CFR Part 90 audio format), send an email to released a Clarification Order to ensure
FCC504@fcc.gov or call the Consumer & that the Commission’s rules aligned
[PS Docket No. 13–229, FCC 15–103]
Governmental Affairs Bureau at 202– with the text of the August Report and
Amendment of the Commission’s 418–0530 (voice), 202–418–0432 (TTY). Order.
Rules To Facilitate the Use of In 2013, the Commission’s Notice of Procedural Matters
Vehicular Repeater Units Proposed Rulemaking (NPRM) sought
comment on whether to make additional A. Final Regulatory Flexibility Analysis
AGENCY: Federal Communications spectrum available to support mobile The Final Regulatory Flexibility
Commission. repeater capability. The Commission Analysis required by section 604 of the
ACTION: Final rule. declined to seek comment on VRS Regulatory Flexibility Act, 5 U.S.C. 604,
operations on nine channels in the 170– is included in Appendix B of the Report
SUMMARY: This document implements 172 MHz band, but proposed to allow and Order.
certain changes to the rules governing mobile repeater use on six telemetry
six remote control and telemetry channels in the 173 MHz band. In B. Paperwork Reduction Act of 1995
channels in the VHF band. We will addition, the Commission sought Analysis
allow the licensing and operation of comment on whether other spectrum This document contains new
vehicular repeater systems (VRS) and bands or frequencies could also be used information collection requirements
other mobile repeaters on these for public safety mobile repeater subject to the Paperwork Reduction Act
channels. In addition, we revise and operations; whether to allow Industrial/ of 1995 (PRA), Public Law 104–13. It
update the technical rules for these Business use of mobile repeater stations will be submitted to the Office of
channels to allow greater use of VRS on these channels; whether to impose Management and Budget (OMB) for
systems while providing protection for bandwidth restrictions on these review under 3507(d) of the PRA. OMB,
incumbent telemetry users who rely on frequencies; whether frequency the general public, and other Federal
these frequencies for control of critical coordination could protect telemetry agencies will be invited to comment on
infrastructure systems. users from interference; whether to the new information collection
DATES: Effective March 15, 2016, except allow wide-area mobile repeater requirements contained in this
for the addition of § 90.175(b)(4), operations on these frequencies; and proceeding. In addition, we note that
containing new or modified information whether to allow VRS units to exceed pursuant to the Small Business
collection requirements that require the 2 watt power limit that applies to Paperwork Relief Act of 2002, Public
approval by the Office of Management these channels. Law 107–198, see 44 U.S.C. 3506(c)(4),
and Budget under the Paperwork In the Report and Order the we previously sought specific comment
Reduction Act of 1995, which will Commission decides to allow all users on how the Commission might further
become effective after such approval, on of these channels—including telemetry reduce the information collection
Lhorne on DSK5TPTVN1PROD with RULES
the effective date specified in a notice licensees—to operate using 11.25 kHz burden for small business concerns with
that the Commission publishes in the bandwidth. In addition, we will make fewer than 25 employees.
Federal Register announcing such these six telemetry channels co-primary The actions taken in the Report and
approval and effective date. with adjacent channel land mobile Order in PS Docket No. 13–229 have
FOR FURTHER INFORMATION CONTACT: operations and remove the restrictions been analyzed with respect to the
Roberto Mussenden, Policy and on omni-directional antennas, fixed Paperwork Reduction Act of 1995, Pub.
VerDate Sep<11>2014 15:13 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\15JAR1.SGM 15JAR1](https://thefederalregister.org/doc/81_FR_2116/page/1.svg)
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available for assignment to other users DEPARTMENT OF COMMERCE recommendations of the IATTC.
in the same area. Regulations governing fishing by U.S.
National Oceanic and Atmospheric vessels in accordance with the Act
(95) The maximum effective radiated
Administration appear at 50 CFR part 300, subpart C,
power (ERP) may not exceed 2 watts for
mobile stations, and 5 watts for mobile and these regulations implement IATTC
50 CFR Part 300 recommendations for the conservation
repeater stations and hand-carried
RIN 0648–BE71 and management of highly migratory
transmitters that communicate directly
fish resources in the EPO.
with mobile repeater stations.
International Fisheries; Pacific Tuna In 2014, the IATTC adopted
* * * * * Fisheries; 2016 Commercial Pacific Resolution C–14–06 (Measures for the
■ 4. Section 90.175 is amended by Bluefin Tuna Catch Limit in the Eastern Conservation and Management of
adding paragraph (b)(4) to read as Pacific Ocean Pacific Bluefin Tuna in the Eastern
follows: AGENCY: National Marine Fisheries Pacific Ocean, 2015–2016), which
Service (NMFS), National Oceanic and establishes catch and trip limits of
§ 90.175 Frequency coordinator Pacific bluefin tuna applicable to U.S.
requirements. Atmospheric Administration (NOAA),
Commerce. commercial fishing vessels in 2015 and
* * * * * 2016. NMFS implemented this
ACTION: Announcement of 2016
(b) * * * Commercial Pacific bluefin tuna catch resolution by notice-and-comment
limit. rulemaking under the Act (80 FR 38986,
(4) For any application for mobile July 8, 2015, and codified at 50 CFR
repeater station operations on SUMMARY: NMFS is announcing that the 300.25). According to the regulations at
frequencies denoted by both Pacific bluefin tuna catch limit 50 CFR 300.25(h)(2)(i), if 175 mt or less
§ 90.20(d)(90) and (92), or by both applicable to U.S. commercial fishing are caught in 2015, as determined by
§ 90.35(c)(93) and (95) the frequency vessels in the eastern Pacific Ocean NMFS, then the 2016 catch limit is 425
coordinator responsible for the (EPO) in 2016 is 425 metric tons (mt). mt.
application must determine and This notice is necessary to inform NMFS, through landings data and
disclose to the applicant the call signs fishery participants of the catch limit other available information, has
and the service areas of all active co- established in a final rule published on determined that U.S. commercial
channel incumbent remote control and July 8, 2015. vessels in the EPO have caught less than
telemetry stations inside the applicant’s DATES: The catch limit is effective 175 mt of PBF in 2015; preliminary
proposed area of operation by adding a February 14, 2016, through 11:59 p.m. estimates indicate total landings to be
special condition to the application, local time December 31, 2016. approximately 96 mt. In accordance
except when the applicant has obtained FOR FURTHER INFORMATION CONTACT: with 50 CFR 300.25(h), this Federal
written concurrence from an affected Celia Barroso, NMFS West Coast Region, Register notice announces that a 425 mt
incumbent licensee, or when the 562–432–1850. catch limit for Pacific bluefin tuna
applicant and the incumbent licensee SUPPLEMENTARY INFORMATION: The applies to U.S. commercial fishing
are the same entity. United States is a member of the Inter- vessels in the EPO through the end of
* * * * * American Tropical Tuna Commission the 2016 calendar year.
[FR Doc. 2016–00220 Filed 1–14–16; 8:45 am] (IATTC), which was established under As a reminder, in accordance with 50
BILLING CODE 6712–01–P the Convention for the Establishment of CFR 300.25(h), a trip limit of 25 mt per
an Inter-American Tropical Tuna vessel applies. When NMFS anticipates
Commission (Convention) signed in that the total catch for the U.S. fleet has
1949. The Convention is an reached 375 mt, NMFS will impose a 2
international agreement that, among mt trip limit until 425 mt have been
other matters, serves as a framework for caught and the fishery is closed.
international conservation and Authority: 16 U.S.C. 951 et seq.
management of highly migratory species
of fish in the IATTC Convention Area. Dated: January 11, 2016.
Fishing for tuna in the EPO is Emily H. Menashes,
managed, in part, under the Tuna Acting Director, Office of Sustainable
Conventions Act of 1950 (Act), as Fisheries, National Marine Fisheries Service.
amended. Under the Act, NMFS must [FR Doc. 2016–00738 Filed 1–14–16; 8:45 am]
publish regulations to carry out BILLING CODE 3510–22–P
Lhorne on DSK5TPTVN1PROD with RULES
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Document Created: 2018-02-02 12:32:07
Document Modified: 2018-02-02 12:32:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective March 15, 2016, except for the addition of Sec. 90.175(b)(4), containing new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995, which will become effective after such approval, on the effective date specified in a notice that the Commission publishes in the Federal Register announcing such approval and effective date. | |
| Contact | Roberto Mussenden, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-1428. For additional information concerning the information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele, Office of Managing Director, Performance Evaluation and Records Management, 202-418-2991, or by email to [email protected] | |
| FR Citation | 81 FR 2106 |
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